Expert Witnesses: Attorney-Client Privilege and Work Product Protection

Protecting Confidential Communications With Experts and Outside Consultants Before and During Litigation

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 18, 2012

Recorded event now available

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Course Materials

This CLE course will provide litigators with an analysis of the attorney-client privilege and work-product doctrine with respect to the use of experts and outside consultants before and during litigation. The panel will discuss common pitfalls and approaches to protect confidentiality and attorney work product.


Litigators must constantly navigate the rules regarding confidential communication with experts and outside consultants. Counsel can leverage Rule 26 amendments impacting the disclosure of expert opinions and expert's reports to protect these communications.

Communications between counsel and expert witnesses who must provide written reports are generally protected. If an expert is testifying and no report is required, counsel must comply with disclosure provisions under Rule 26. However, certain information is not protectable.

In addition, counsel must be careful to distinguish between the attorney-client privilege and work product and take appropriate steps to minimize the loss of confidentiality and to protect work product related to experts and outside consultants.

Listen as our authoritative panel of litigators guides you through the rules governing attorney-client privilege for communications with expert witnesses and consultants, the scope and applicability of the work-product doctrine, common traps and pitfalls, and best practices for maintaining the privilege and protecting work product.



  1. Scope of attorney-client privilege for experts and consultants
  2. Scope of work-product doctrine for experts and consultants
  3. Common pitfalls and traps that lead to waiver and loss of protection
  4. Best practices for protecting privileged communications and work product


The panel will review these and other key questions:

  • How do discovery rules distinguish between testifying experts and consulting experts?
  • What are best practices for protecting the privilege and work product when working with expert witnesses?
  • What are the distinctions between the attorney-client privilege and work product with regard to disclosure?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Jonathan Evan Goldberg
Jonathan Evan Goldberg


He focuses on all aspects of complex commercial litigation, employment law and litigation, and ERISA litigation. He is...  |  Read More

Andrew T. O'Connor
Andrew T. O'Connor

Edwards Angell Palmer & Dodge

He practices in the Firm’s Intellectual Property Litigation and Intellectual Property Groups. With extensive...  |  Read More

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